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NY I84907




September 4, 2002

CLA-2-61:RR:NC:TA:N3:356 I84907

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0005; 6109.10.0012; 6110.30.3050

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a men’s knit garment from Haiti, Honduras and Mexico.

Dear Ms. Disher:

In your letter dated August 2, 2002, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 9720 is a men’s garment constructed from finely knit, jersey fabric that measures 24 stitches per two centimeters counted in the horizontal direction. Style 9720 features a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. The garment will be imported in sizes Small through XL.

The fiber content of Style 9720 will be 100 percent cotton in white and dark colors, 90 percent cotton, 10 percent polyester in light steel gray, and 50 percent cotton, 50 percent polyester in charcoal heather. The fabric weight of Style 9720 in 100 percent cotton and in 90 percent cotton, 10 percent polyester will be less than 200 grams per square meter. The fabric weight of Style 9720 in 50 percent cotton, 50 percent polyester will be more than 200 grams per square meter.

The applicable subheading for Style 9720 in 100 percent cotton in white will be 6109.10.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: T-shirts, all white, short, hemmed sleeves, crew or round neckline, without pockets trim or embroidery. The duty rate will be 17.4 percent ad valorem.

The applicable subheading for Style 9720 in 100 percent cotton in dark colors and in 90 percent cotton, 10 percent polyester in light steel gray will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: other: other T-shirts: men’s. The duty rate will be 17.4 percent ad valorem.

The applicable subheading for Style 9720 in 50 percent cotton, 50 percent polyester will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’. The rate of duty will be 32.4 per cent ad valorem.

At the time of entry, Customs may verify the actual fiber content of Style 9720 in the 50 percent cotton, 50 percent polyester blend. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated above.

Style 9720 in 100 percent cotton in white falls within textile category designation 352. Style 9720 in 100 percent cotton in dark colors and in 90 percent cotton, 10 percent polyester in light steel gray falls within textile category designation 338. Style 9720 in 50 percent cotton, 50 percent polyester falls within textile category designation 638. Based upon international textile trade agreements, products of Haiti are subject to visa requirements. Products of Honduras and Mexico are not presently subject to visa requirements or quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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